The Mass Libel Reform Blog – Fight for Free Speech!

Dr Aust, in common with many far better known bloggers, is delighted to host the following, written by scientific libel hero Simon Singh.

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“This week is the first anniversary of the report Free Speech is Not for Sale, which highlighted the oppressive nature of English libel law. In short, the law is extremely hostile to writers, while being unreasonably friendly towards powerful corporations and individuals who want to silence critics.

The English libel law is particularly dangerous for bloggers, who are generally not backed by publishers, and who can end up being sued in London regardless of where the blog was posted. The internet allows bloggers to reach a global audience, but it also allows the High Court in London to have a global reach.

You can read more about the peculiar and grossly unfair nature of English libel law at the website of the Libel Reform Campaign. You will see that the campaign is not calling for the removal of libel law, but for a libel law that is fair and which would allow writers a reasonable opportunity to express their opinion and then defend it.

The good news is that the British Government has made a commitment to draft a bill that will reform libel, but it is essential that bloggers and their readers send a strong signal to politicians so that they follow through on this promise. You can do this by joining me and over 50,000 others who have signed the libel reform petition at:

Remember, you can sign the petition whatever your nationality and wherever you live. Indeed, signatories from overseas remind British politicians that the English libel law is out of step with the rest of the free world.

If you have already signed the petition, then please encourage friends, family and colleagues to sign up. Moreover, if you have your own blog, you can join hundreds of other bloggers by posting this blog on your own site. There is a real chance that bloggers could help change the most censorious libel law in the democratic world.

As long-time readers (survivors?) of this blog will know, Simon Singh’s defence of the libel claim against him by the British Chiropractic Association eventually ended in a victory for free speech. However, free speech in similar cases remains insecure while the underlying structural problems with the English libel law remain.

From the Judgement of the Court of Appeal in the BCA vs. Singh libel case (via Jack of Kent).

[On matters of libel and scientific controversy]

“We would respectfully adopt what Judge Easterbrook, now Chief Judge of the US Seventh Circuit Court of Appeals, said in a libel action over a scientific controversy, Underwager v Salter 22 Fed. 3d 730 (1994):

“”[Plaintiffs] cannot, by simply filing suit and crying ‘character assassination!’, silence those who hold divergent views, no matter how adverse those views may be to plaintiffs’ interests. Scientific controversies must be settled by the methods of science rather than by the methods of litigation. … More papers, more discussion, better data, and more satisfactory models – not larger awards of damages – mark the path towards superior understanding of the world around us.”” [para. 34, emphasis added]

Now, it may appear clear from this passage where their Lordships’ view lies. Note though, that this is a suggestion, albeit a strongish one (“adopt”). It is not a law. It is not a part of the judgement that is binding on judges hearing further libel cases.

If you doubt for a moment how dangerous it can still be to speak out on matters of scientific and medical controversy, read this. Or this.